Sears v. United States of America

Filing 2

ORDER TO SHOW CAUSE. Signed by Judge Jenkins on April 27, 2007. (mjjlc1, COURT STAFF) (Filed on 4/27/2007)

Sears v. United States of America

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Case 3:07-cv-02129-MJJ

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Filed 04/27/2007

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1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United United States District Court

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For the Northern District of California

JOHN SEARS, Plaintiff, v. United States, Defendant. /

No. C07-02129 MJJ ORDER TO SHOW CAUSE

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Pro se Petitioner John Sears ("Petitioner") is currently serving a term of one-hundred and eight (108) months at the Federal Correctional Institution ("FCI") in Waseca, MN. On October 16, 2003, Petitioner pled guilty to one count of Possession of Cocaine for Sale (21 U.S.C. § 841). Petitioner has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2255. Petitioner seeks habeas corpus relief, claiming that his sentence is unconstitutional for three reasons. First, Petitioner claims that he was given ineffective assistance of counsel when his counsel failed to investigate a particular law enforcement officer's pattern of Fourth Amendment violations. Second, Petitioner claims that he was given ineffective assistance of counsel when his counsel failed to investigate and introduce evidence of police misconduct and "flagrant disregard for the terms of the search warrant." Third, Petitioner claims that he was given ineffective assistance of counsel when his counsel failed to investigate to argue during Petitioner's appeal that the errors in the search warrant were not entitled to the good faith exception. For the foregoing reasons and for good cause shown, it is hereby ordered that:

Dockets.Justia.com

Case 3:07-cv-02129-MJJ

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Filed 04/27/2007

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1.

The Clerk of the Court shall serve by certified mail a copy of this Order and the petition and

all attachments thereto upon respondent and respondent's attorney, the United States Attorney. The Clerk shall also serve a copy of this Order on Petitioner. 2. Respondent shall file and serve within sixty (60) days of the issuance of this order, an answer

conforming in all respects with Rule 5 of the Rules Governing Habeas Corpus Cases Under Section 2255, showing cause why a writ of habeas corpus should not issue. 3. If petitioner wishes to respond to the answer, he shall do so by filing and serving a traverse

within thirty (30) days of his receipt of the answer.

IT IS SO ORDERED.

United States District Court

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For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Dated: April 27, 2007 MARTIN J. JENKINS UNITED STATES DISTRICT JUDGE